SAN ANTONIO (CN) — The Department of Justice sued Texas on Thursday for its new voting restrictions bill, arguing it will harm disabled and non-English speaking voters.
The DOJ's lawsuit filed against Texas Secretary of State John Scott in San Antonio federal court argues that provisions of Senate Bill 1 “deny eligible voters meaningful assistance in the voting booth." The federal government says these barriers placed in front of voters violate Section 208 of the Voting Rights Act, which allows voters with a disability to receive assistance from a person of their choice.
United States Attorney General Merrick Garland said in a statement announcing the filing of the suit, “our democracy depends on the right of eligible voters to cast a ballot and to have that ballot counted.”
Responding on Twitter, Texas Attorney General Ken Paxton said the Biden administration was “coming after” the state.
“It’s a great and a much-needed bill. Ensuring Texas has safe, secure, and transparent elections is a top priority of mine. I will see you in court, Biden!” wrote Paxton.
Texas passed SB 1 in September after a months-long fight over the law. Democrats in the state House staged a quorum break in the final hours of the regular session to block the law from passing. Governor Greg Abbott called a special session in July which led Democrats to stage a second quorum break to again block the law from being passed. Republicans were ultimately successful in the second special session in passing SB 1.
The law bans election officials from using 24-hour and drive-through voting locations, an innovation used by Texas’ largest county, Harris, to increase turnout and limit the spread of Covid-19. It also creates criminal penalties for election officials who refuse to admit poll watchers or send vote-by-mail ballot applications to people who did not request one.
Senate Bill 1 sets new ID requirements for vote-by-mail applications and ballots. Voters must provide their Texas driver's license number or a personal identification card issued by the Department of Public Safety or the last four numbers of their Social Security Number. If a person does not have an acceptable form of ID, they must state they have not been issued one on their application.
The Department of Justice’s argument against the law is a provision that restrains election workers' ability to assist a voter in completing their ballot. Senate Bill 1 allows assistors to help a voter read and mark their ballot. The department argues that assistors are barred from offering the type of assistance a voter with limited English-speaking skills or physical disability may need such as “answering a voter’s questions, explaining the voting process and paraphrasing complex language.”
Assistant Attorney General Kristen Clarke attacked the Texas law, saying its “restrictions on voter assistance at the polls and on which absentee ballots cast by eligible voters can be accepted by election officials are unlawful and indefensible.” Clarke is with the department’s civil rights division and is named in the lawsuit.
Another provision the DOJ cites as a violation is the new identification requirements for mail-in ballots. The department finds that voters will be disenfranchised of their right to vote if they incorrectly match the identification number used on their application to the one used on their ballot. Essentially, if a voter used their SSN on their application and then their Driver License Number on their ballot, then the ballot would be thrown out.
After the law was passed in September, two lawsuits were filed in federal court by Latino rights groups across the state. In their suits, the groups argue that SB 1 violates the Voting Rights Act, the Americans with Disabilities Act and the First, Fourteenth and Fifteenth Amendments. Both cases raise concerns over why the legislation exists and argue the impact will disenfranchise voters with limited English-speaking skills and voters who need assistance casting their ballot.
Senate Bill 1 goes into effect on Dec. 2, 2021, making the first election under the new law the 2022 primaries.
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